Paresh Oraw v. State Of West Bengal And ORS.

17.01.2025 Ct. 14 BP/AGM In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 21135 of 2024 Paresh Oraw -versus The State of West Bengal & Ors Mr. Partha Chakraborty.

...For the Petitioner.

Mr. Asish Kumar Guha.

Mr. Rajendra Chaturvedi.

... For the State.

1. None represents the private respondents.

2. The petitioner alleges forceful conduct on the part of the private respondents in preventing them from cultivating certain plots of land.

3. It appears that the petitioner and the private respondents are co-sharers of certain plots of land. For adjudication of their respective civil rights proceeding is pending before the learned civil Court.

4. The petitioner alleges that the private respondents are forcefully restraining him from cultivating the land which is in his possession.

5. The Court vide order dated 6th December, 2022 passed in WPA 20037 of 2022 directed the parties to maintain peace and tranquility. The police is bound to ensure that there is no breach of peace and tranquility in the locale.

6. As regards the portion of the land which the petitioner claims to be occupying for cultivation is an issue to be decided by the learned civil Court.

7. It will be open for the petitioner to approach the learned civil forum to obtain specific order of injunction in respect of any particular plot of land which he claims to be in possession of.

8. The police will not decide upon the possession of the parties but will only be responsible for maintaining peace and tranquility in the locale.

9. The writ petition stands disposed of.

10. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)